Between State Law and Islamic Law: The Practice of Divorce Outside the Situbondo Religious Courts, Indonesia
The relationship between state law and religion (Islamic law) is still problematic in its implementation. This problem occurs in practising divorce outside the court in Situbondo, Indonesia. Its case is interesting because it is still considered legal by the community and religious leaders accordin...
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| Format: | Article |
| Language: | English |
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Institut Agama Islam Negeri (IAIN) Pontianak
2022-08-01
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| Series: | Journal of Islamic Law |
| Subjects: | |
| Online Access: | https://e-journal.iainptk.ac.id/index.php/jil/article/view/848 |
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| author | Abd. Karim Faiz Zulfahmi AR Ahmad Izzuddin |
| author_facet | Abd. Karim Faiz Zulfahmi AR Ahmad Izzuddin |
| author_sort | Abd. Karim Faiz |
| collection | DOAJ |
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The relationship between state law and religion (Islamic law) is still problematic in its implementation. This problem occurs in practising divorce outside the court in Situbondo, Indonesia. Its case is interesting because it is still considered legal by the community and religious leaders according to religious law even though the divorce decision has not been received from the court. This legal phenomenon is contrary to positive law in Indonesia. This article aims to explain the practice of divorce outside the court in Situbondo and the authority problem between state law and Islamic law. After conducting intensive field research for three months with perpetrators of out-of-court divorce, religious leaders, and the Head of the Office of Religious Affairs, the authors found that the widespread practice of divorce outside the court was caused by the influence of religious leaders’ understanding and public understanding. This understanding becomes the doctrine that divorce in Islamic law is legal without having to await a divorce decision from the religious court. The authors stated that the dominance of the authority of Islamic law over state law in the practice of divorce in Muslim societies has negative implications for the rights of children and ex-wives.
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| format | Article |
| id | doaj-art-d4c5745528b744cbbfbc9f6df1dae7ac |
| institution | OA Journals |
| issn | 2721-5032 2721-5040 |
| language | English |
| publishDate | 2022-08-01 |
| publisher | Institut Agama Islam Negeri (IAIN) Pontianak |
| record_format | Article |
| series | Journal of Islamic Law |
| spelling | doaj-art-d4c5745528b744cbbfbc9f6df1dae7ac2025-08-20T02:32:22ZengInstitut Agama Islam Negeri (IAIN) PontianakJournal of Islamic Law2721-50322721-50402022-08-013210.24260/jil.v3i2.848Between State Law and Islamic Law: The Practice of Divorce Outside the Situbondo Religious Courts, IndonesiaAbd. Karim Faiz0Zulfahmi AR1Ahmad Izzuddin2Institut Agama Islam Negeri Parepare, IndonesiaAl-Azhar University Cairo, EgyptUniversitas Islam Negeri Walisongo Semarang, Indonesia The relationship between state law and religion (Islamic law) is still problematic in its implementation. This problem occurs in practising divorce outside the court in Situbondo, Indonesia. Its case is interesting because it is still considered legal by the community and religious leaders according to religious law even though the divorce decision has not been received from the court. This legal phenomenon is contrary to positive law in Indonesia. This article aims to explain the practice of divorce outside the court in Situbondo and the authority problem between state law and Islamic law. After conducting intensive field research for three months with perpetrators of out-of-court divorce, religious leaders, and the Head of the Office of Religious Affairs, the authors found that the widespread practice of divorce outside the court was caused by the influence of religious leaders’ understanding and public understanding. This understanding becomes the doctrine that divorce in Islamic law is legal without having to await a divorce decision from the religious court. The authors stated that the dominance of the authority of Islamic law over state law in the practice of divorce in Muslim societies has negative implications for the rights of children and ex-wives. https://e-journal.iainptk.ac.id/index.php/jil/article/view/848State LawIslamic LawDivorce ValidityDivorce Outside the CourtSitubondo |
| spellingShingle | Abd. Karim Faiz Zulfahmi AR Ahmad Izzuddin Between State Law and Islamic Law: The Practice of Divorce Outside the Situbondo Religious Courts, Indonesia Journal of Islamic Law State Law Islamic Law Divorce Validity Divorce Outside the Court Situbondo |
| title | Between State Law and Islamic Law: The Practice of Divorce Outside the Situbondo Religious Courts, Indonesia |
| title_full | Between State Law and Islamic Law: The Practice of Divorce Outside the Situbondo Religious Courts, Indonesia |
| title_fullStr | Between State Law and Islamic Law: The Practice of Divorce Outside the Situbondo Religious Courts, Indonesia |
| title_full_unstemmed | Between State Law and Islamic Law: The Practice of Divorce Outside the Situbondo Religious Courts, Indonesia |
| title_short | Between State Law and Islamic Law: The Practice of Divorce Outside the Situbondo Religious Courts, Indonesia |
| title_sort | between state law and islamic law the practice of divorce outside the situbondo religious courts indonesia |
| topic | State Law Islamic Law Divorce Validity Divorce Outside the Court Situbondo |
| url | https://e-journal.iainptk.ac.id/index.php/jil/article/view/848 |
| work_keys_str_mv | AT abdkarimfaiz betweenstatelawandislamiclawthepracticeofdivorceoutsidethesitubondoreligiouscourtsindonesia AT zulfahmiar betweenstatelawandislamiclawthepracticeofdivorceoutsidethesitubondoreligiouscourtsindonesia AT ahmadizzuddin betweenstatelawandislamiclawthepracticeofdivorceoutsidethesitubondoreligiouscourtsindonesia |